A LONG-RUNNING dispute over the destiny of rare birds was back before the courts yesterday.

North Yorkshire breeder Harry Sissen was convicted of smuggling parrots into the UK by a judge at Newcastle Crown Court in April, 2000.

Mr Sissen was jailed, and more than 140 birds confiscated from his farm, near East Cowton, North Yorkshire. They have been distributed to bird gardens and zoos around the UK.

Mr Sissen has always pleaded his innocence and, having completed his 18-month jail term, has launched a civil action to have the surviving birds returned.

Representing Customs and Excise, Simon Draycott told the hearing at Harrogate Magistrates' Court that he would be arguing for a Condemnation Order under the Customs and Excise Management Act.

If successful, it would give customs officers the right to keep the birds.

"Here we have a whole colony of rare or exotic birds whose origins are at least unclear and which were owned by a man convicted of smuggling by a court of law.

"Some may have been kept legally but, if so, the Crown's case is that they were as a cover for those obtained illegally and as such, all are subject to forfeiture,'' he said.

As Mr Sissen is challenging the order in civil court, he has to prove the birds were obtained through legitimate methods. Because he was not represented by a solicitor, he was given the chance to cross-examine witnesses.

Often visibly upset, Mr Sissen suggested that the raids had coincided with the breeding season, causing significant damage and trauma for some of the birds, while others had vanished.

The case continues.